Delph v. State

Ruffin, Chief Judge.

Robert Delph filed a motion in autrefois convict, arguing that his nolo contendere plea for the offenses of simple battery and battery precluded a subsequent prosecution for aggravated battery and obstruction. The trial court denied the motion, finding that the subsequent charges “did not arise out of the same conduct.” Delph appeals. As the trial court ruled correctly, we affirm.

“Where the evidence is uncontroverted and no question regarding the credibility of witnesses is presented, we review de novo the trial court’s application of the law to undisputed facts.”* 1…